Wilkinson v. Garland (September 2023) US Supreme Court.
NIWAP participated in an amicus brief on writ of certiorari to the US Court of Appeals of the Third Circuit to ensure that courts review BIA hardship determinations for immigrant victims of domestic violence seeking cancellation of removal under VAWA. SCOTUS ruled in favor of Wilkinson, holding that the application of the exceptional and extremely unusual hardship standard to an established set of facts is a mixed question of law and fact that is reviewable under 1252(a)(2)(D). This ruling gives
Why it matters
Useful as an amicus or advocacy example on Removal Defense; confirm the cited authority and procedural posture before adapting it.
Topics
Removal defense
VAWA / U / T
Forums
BIA
Court of appeals
Jurisdictions
3rd Circuit